Right to cancel order of lithium batteries bought online

SimonABA

y3sitsm3 said:

SimonABA said:

Undervalued said:

SimonABA said:

Thank you neilmcl and Manxman_in_exile.   I have sent the quoted regulations to Amazon who not only have given me a full refund but have also given me an extra £40 and more significantly have promised to review the information they give in Amazon Marketplace in the light of those regulations - Result

Interesting that it is Amazon.

I had a faulty small lead acid battery from them about a year ago. As soon as I contacted them, by phone if I remember correctly, they immediately refunded and said there was no need to return the faulty one.

Yes that is their policy but in my case:
a) it was not faulty (I just ordered the wrong one) and
b) it was Amazon Marketplace and not Amazon, so Amazon just left it all to the seller (BattPit aka Win Eternal Tech Ltd) who refused to collect or refund.   

Amazon Marketplace is very different to Amazon and is a means that Amazon uses to get out of being responsible.   The majority of items bought on Amazon are now Marketplace and not Amazon but you have to look quite carefully to tell.   

Amazon say they are just a platform introducing buyers to sellers and not a trader, though earlier this year an appeals court in California ruled that Amazon can be held liable for products sold through its marketplace by a third-party seller.   

Californian state law is completely irrelevant to the UK.

True but it is interesting that the first, and only time to my knowledge, Amazon's position has been tested in a court of law, it lost.   It has yet to be tested in a UK court.  

atreides51

Hi, going back to SimonABA's original post, he says "The seller, BattPit aka Win Eternal Tech Ltd." I'm having similar issues regarding returning a battery which was mis-described in their Amazon description. I am required to return the item at my own expense for a refund! Is their anyone out there who could provide information about the link between BattPit and Win Eternal Tech Ltd. Companies House does NOT show this link. I suspect I will have to use a small claims case to resolve my issue but BattPit are not a registered company so knowing that BattPit is the trading name of Win Eternal Tech Ltd would be invaluable. Thanks in advance.

Alderbank

Amazon, who you bought the battery from, provide this link.

on Amazon.co.uk. Seller Profile for BattPit United Kingdom they say

Detailed Seller Information

Business Name: WIN ETERNAL TECHNOLOGY LTD

along with other information including full address.

 https://www.amazon.co.uk/sp?ie=UTF8&seller=A1MW2FLGFHOKKG&asin=B08PB8W45F&ref_=dp_merchant_link&isAmazonFulfilled=1

Alderbank

SimonABA said:

Undervalued said:

SimonABA said:

Thank you neilmcl and Manxman_in_exile.   I have sent the quoted regulations to Amazon who not only have given me a full refund but have also given me an extra £40 and more significantly have promised to review the information they give in Amazon Marketplace in the light of those regulations - Result

Interesting that it is Amazon.

I had a faulty small lead acid battery from them about a year ago. As soon as I contacted them, by phone if I remember correctly, they immediately refunded and said there was no need to return the faulty one.

Amazon say they are just a platform introducing buyers to sellers and not a trader, though earlier this year an appeals court in California ruled that Amazon can be held liable for products sold through its marketplace by a third-party seller.   

I think there have been two cases now in CA, both involving exploding skateboards.

However an important point about both is that they were claims for injury and brought under the tort of negligence, not contract.
English law is very different from California law but is similar in that injury claims are brought in negligence.

Okell

@atreides51 -  have you read the whole of this thread?

The seller has to collect the battery at their cost if (1) it can't normally be returned by post and (2) the seller didn't notify you of the likely cost of return beforehand.

In the OP's case Amazon resolved it because - as I understand it - the third party seller had not complied with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk).

Read all of this thread...